WARNING: READ CAREFULLY: THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE 4th Dimension Racing AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration for my participation in this 4TH DIMENSION RACING EVENT, I acknowledge that Mountain Biking is an inherently dangerous sport. I voluntarily choose to participate at my own risk AND UNDERSTAND THAT THE RISKS INCLUDE SERIOUS PERSONAL INJURY OR EVEN DEATH. I also understand that those risks may be increased in an endurance event of longer duration. Aware of these risks, I hereby assume the risk of participating in this 4TH DIMENSION MOUNTAIN BIKE EVENT, and release and forever discharge the “Released Parties” (defined below) for all claims of any kind that I may have or later accrue because of my participation in this 4TH DIMENSION MOUNTAIN BIKE EVENT, INCLUDING CLAIMS ARISING FROM THE RELEASED PARTIES’ ORDINARY NEGLIGENCE.
I understand that mountain biking is dangerous and requires sufficient skills in order to participate. I agree and represent that I have special training or expertise to compete safely in this event and that I am relying upon my expertise to compete in this event and not on any sponsor or organizer. I agree that I am not aware of any physical or mental problems that will hinder my ability to compete in this activity and that I am in good health.
The Released Parties include 1) 4th Dimension Racing LLC and its officers, directors, shareholders, employees, contractors, agents, volunteers or sponsors, and 2) each of the respective landowners and operators of lands, public and private, on which the event will take place, and each of their respective members, officers, elected officials, directors, shareholders, employees, agents or sponsors, and 3) All other involved parties such as city, state and government entities.
I execute this release, waiver and assumption of risk on behalf of myself and my heirs, executors, legal representatives, successors and assigns. I waive all claims released by this agreement, and promise not to bring nor permit others to bring any such claims on my behalf, and agree to indemnify all of the parties released hereby against their respective costs of defending any such claims, including reasonable attorney fees. I also represent that I am solely responsible for and can be held liable for my health, actions, and behavior during this event.
The undersigned hereby expressly agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Washington and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I currently have no medical condition, physical or mental, that would impair my capacity to participate in this event.
I hereby grant to 4th Dimension Racing LLC, and it assigns a global license to use photographs, videotape or other media of me participating.